The hearing came eight years after Students for Fair Admissions Inc., founded by conservative activist Edward Blum, first sued Harvard seeking to end its race-conscious admissions policy, which is . In the 2016 verdict, the court found that race played only a modest role UT's "holistic" affirmative action policy. Donate. Those decisions were correct then and remain correct today, Harvards attorneys wrote in their brief. Hanauer, Nick, and Jessyn Farrell. The Supreme Court on Monday cleared the way for a Virginia school board to admit more Black and Latino students and slightly fewer Asian students to a magnet high school for math and science. A race-blind admissions standard, they say . The Education Trust, January 2020. Can these decisions ever be truly race-neutral? But in the face of persistent structural inequality, such policies are anything but neutral.. 6 0 obj Adams, Michelle. See National Fair Housing Alliance 2021. In its defense, the school board said its admissions policy did not consider the racial or ethnic identity of any students. Race/ethnicity categories are mutually exclusive (i.e., white non-Hispanic, Black non-Hispanic, AAPI non-Hispanic, and Hispanic any race). Race-conscious policies are just as important on state and local levels as on a federal level. Appligent AppendPDF Pro 6.3 Certainly, selective colleges should strive for class diversity along with racial diversity, wrote Anthony Carnevale, the center's director. <>stream Clearly the link between race and mass incarceration is evident. Race-neutral policiessuch as equal protection civil rights lawsfail to reverse the gaps and barriers that exist because of structural racism. Legal, policy, and practice professionals share their expertise and guidance, including how to leverage College Board's Landscapetool in the context of the broader legal environment. Readersinterested in delving deeper into the issues touched on in this chapter are encouraged to explore the following resources suggested by the author. 34 0 obj New proposed legislation in Florida, House Bill 999, aims to ban public colleges from funding any projects that, "espouse diversity, equity, and inclusion or critical-race-theory rhetoric . But the fight for affirmative action and other race-conscious policiespolicies that explicitly address systemic racial barriersis not over. On Oct. 31, the Supreme Court heard oral arguments for two related affirmative action cases brought by Students for Fair Admissions against Harvard University and the University of North Carolina at Chapel Hill (UNC-Chapel Hill). Burgess, Tiffani. U.S. Supreme Court Ruling on Race in Admissions. Critics of race-conscious admissions claim similar diversity outcomes could be met by substituting class for race. The Washington Post/Contributor / Getty Images, 2023 BestColleges.com, a Red Ventures Company, The Public Ivies, Little Ivies, and Other Ivy League Equivalents, University of Illinois - Urbana-Champaign, University of North Carolina - Chapel Hill, Alternative Paths to Diversity: Exploring and Implementing Effective College Admissions Policies, Do Not Sell or Share My Personal Information. Need to become up to speed on the case and its implications for your campus? 2019. Within the past few years, Harvard University has been under legal attack to ban affirmative action in its admission process despite the literature available indicating that schools that rely on race-neutral policies and abandon affirmative action decision-making are less accessible and less diverse to underrepresented students of color (Burgess 2020). The Education Trust, January 2020. The Economic Policy Institute staff is unionized with the Efforts have paid some dividends over time, and numbers have rebounded. Richard Kahlenberg, formerly of The Century Foundation and an expert witness in the Harvard case, posits this argument. race in university admissions, 11. and both researchers and policymakers tend to assume that these schools are ideal exemplars of the operation and effects of race-neutral pol-icies. endobj <>20]/P 18 0 R/Pg 45 0 R/S/Link>> Campuses that have implemented race-neutral admissions policies in recent years have seen dramatic declines in enrollment numbers among underrepresented groups. We must acknowledge and tackle the barriers posed by systemic racism with race-conscious policies that target the intersection of race, class, and gender. Fast forward to [today] the chokehold has gone away., Affirmative action opponents often favor so-called race-neutral admissions policies, which do not explicitly consider race. And importantly, the court is not the only place where skepticism of race-conscious policies exists:Voters in California recently rejected a ballot measurethat would have restored the states affirmative action policy, suggesting broad public unease with race-conscious decision-making. Policies to protect and uplift women may not always address the intersectional needs of Black women nor combat the structural racist and patriarchal impediments they face. Breadwinning Mothers Continue to be the U.S. It's a form of racial profiling in college admissions that no one speaks about, Harberson wrote on her website. 2011. endobj A vote for the plaintiffs would overturn 40 years of previous rulings that found race could be one of several factors when considering college applicants. If that comes to pass, how will universities achieve their long-standing goal of educating a diverse student body in a post-affirmative action world? In response, the system ramped up its efforts to attract underrepresented students. Said Eisgruber, "We will do our best to be . Its racial egalitarianism that motivates affirmative action, in his legal opinion. Economic Policy Institute, February 2018. Following are key reasons why we need to combat the harms of race-neutral policy with race-conscious policies to build a racially just economy and how those policies should be structured: Over 50 years ago, the civil rights era ushered in numerous transformative policies that sought to give people of color equal access to various social and democratic institutions free from explicit discrimination based on race. California, where voters banned affirmative action in 1996, has already . Jones, Tiffany, and Andrew Howard Nichols. 1 0 obj Race & Reconciliation Initiative at Texas Christian University. . Moreover, those students, even though they represent the top tier of their high school class, aren't always adequately prepared for college. In fact, that will increase as a result of affirmative action being eliminated. Kuhn, Moritz, Mortiz Schularick, and Ulrike I. Steins. Phone: 202-775-8810 epi@epi.org The schools say they stand by their holistic admissions criteria that include the consideration of race among many factors when forming classes with the goal of fostering educational diversity. California provides a fascinating case study because of its diverse population and the breadth and quality of its public higher education system. Alito, Thomas and Roberts dissented. They noted the high court has agreed to hear a similar appeal arguing that Harvard University discriminates against Asian Americans in its admissions policy. For its part, although the Supreme Court has consistently ruled it is legal to use race as a factor in a holistic application process, it has long viewed race-conscious policies with suspicion. Mass Incarceration: New Jim Crow, Class War, or Both? <>36]/P 21 0 R/Pg 45 0 R/S/Link>> <>/Metadata 2 0 R/Outlines 5 0 R/Pages 3 0 R/StructTreeRoot 6 0 R/Type/Catalog/ViewerPreferences<>>> Do Not Sell or Share My Personal Information, Column: Trump tormentor, whiteboard wizard its the brand that matters in California Senate race, Ohios senators to unveil rail safety bill in wake of East Palestine derailment, Newsom gets good marks in new poll but faces test with budget crisis, Before and after photos from space show storms effect on California reservoirs, Before and after photos from space show epic snow blanketing SoCal mountains, The chance of a lifetime: Five friends ski the tallest mountain in Los Angeles, Essential Politics: Energy Department endorses a once-fringe COVID-19 theory, Chicago Mayor Lightfoot ousted; Vallas, Johnson in runoff, Column: Supreme Court conservatives may want to block student loan forgiveness. Race-neutral admissions emerged in 1995 as a significant policy issue when the Regents of the University of California (UC) adopted Resolution SP-1, prohibiting the use of race, religion, sex, color, ethnicity, or national origin in the UC admission process. Hard Truths: Why Only Race-Conscious Policies Can Fix Racism in Higher Education. Over the last 40 years, the incarcerated population has increased by 500%, with 2 million people in prison and jail today (The Sentencing Project 2021). Harvard and UNC are asking the justices to allow Grutter and other similar decisions to stand. The Failure of Race-Blind Economic Policy. The Atlantic, February 16, 2017. Criminal Justice Facts (web page). The first is a preference based on socioeconomic factors. These materials and publications can support your work as you prepare for the Supreme Courts decision by examining policies or moving toward race-neutral admission policies. He has 30 years of experience in higher education as a university administrator and faculty member and teaches writing at Johns Hopkins University. Note: This story originally appeared onMsMagazine.com. This analysis indicates that these disparities are largely due to a racialized class system. A network of state and local organizations improving workers' lives through research and advocacy. This latest case against Harvard demonstrates that color-blindness cannot uproot this countrys legacy of racism. One reason is cost. State and local policymakers play a large role in advancing these policies and ensuring equitable and comprehensive pathways for people of color to fully participate in historically inaccessible institutions. 2011. Although the civil rights legislation and the anti-discriminatory laws that followed had put an end to legally sanctioned discrimination and segregation, it continued, and racial economic disparities not only persisted, but many grew worse over time (Jones, Schmitt, and Wilson 2018; Kuhn, Schularick, and Steins 2019). 24 0 obj The Color of Justice: Racial and Ethnic Disparity in State Prisons. The United States highest court is hearing arguments against using race as a factor in college admissions policies Monday in cases involving the University of North Carolina at Chapel Hill and Harvard University. The Harvard case alleges the university has discriminated against Asian Americans in violation of Title VI of the Civil Rights Act of 1964 and the Equal Protection Clause of the 14th Amendment. <>1]/P 6 0 R/Pg 45 0 R/S/Link>> Other includes AAPI in years in which AAPI data are not available. We must face race head-on to meaningfully address the racial inequality that persists in our society. For example, voters in California recently rejected a ballot measure that would have restored the states affirmative action policy, suggesting broad public unease with race-conscious decision-making (Cineas 2020). [E]verybody would rather achieve all our racial diversity goals through race-neutral means, Associate Justice Elena Kagan said in the Harvard case. The one involving UNC-Chapel Hill features similar claims but adds white students into the mix. EPI is an independent, nonprofit think tank that researches the impact of economic trends and policies on working people in the United States. In the ensuing years, despite extraordinary efforts that included many of the targeted outreach tactics employed in California as well as a reduction in the number of students enrolled via early acceptance programs, minority enrollment fell sharply, the university claims. Future Admissions Tools and Models Initiative, Fisher I: Fisher v. University of Texas 2013, Fisher II: Fisher v. University of Texas 2016, Grutter v. Bollinger and Gratz v. Bollinger, Coalition to Defend Affirmative Action et al. For policymakers to craft meaningful criminal justice reform, legislation must address the systemic racial legacy of mass incarceration and the root causes of race and class divide through economic empowerment. Race-Conscious PoliciesIncluding Affirmative ActionAre Necessary for Addressing Racial Inequity. American Civil Liberties Union, December 1, 2020. And race-neutral admissions policies do not appear to result in the degree of parity that race-conscious admissions policies have produced. I believe that a more important justification is correcting inequalities that stem from our discriminatory history, but the court has made diversity the only legally viable justification, he said. See key cases. endobj However, as the Alternative Paths report points out, theory doesn't always translate into practice. Racial Representation in Professional Occupations: By the Numbers. Economic Policy Institute, June 2021. A moral policy approach for addressing persistent group-based disparities, Serving, organizing, and empowering communities of color, Best practices for aligning research, advocacy, and activism, Asian Americans and the anti-racist equity agenda, Racial and ethnic disparities in the United States, Program on Race, Ethnicity, and the Economy, Economic Analysis and Research Network (EARN), The Failure of Race Neutral Policies: How Mandatory Terms and Sentencing Enhancements Contribute to Mass Racialized Incarceration, The Failure of Race-Blind Economic Policy, Race Neutral Policies as Barriers to Reconciliation, Theres No Such Thing as Race-Neutral Policy (with Valerie Wilson), The Unfulfilled Promise of the Fair Housing Act, Race-Conscious PoliciesIncluding Affirmative ActionAre Necessary for Addressing Racial Inequity, Affirmative Action Just Lost in CaliforniaAgain, Intersectionality and Public Policy: Some Lessons from Existing Models, Race, Mass Incarceration, and the Disastrous War on Drugs, Housing Vacancies and Homeownership (CPS/HVS), Racial Representation in Professional Occupations: By the Numbers, Black Women Workers Are Essential During the Crisis and for the Recovery but Still Are Greatly Underpaid, Guiding principles for anti-racist research, the bodycam for racial economic injustice, Multidimensional identities of the Hispanic population in the United States, The power of self-determination in building sustainable economies in Indian Country, Program on Race, Ethnicity, and the Economy PREE, Economic Analysis and Research Network EARN. 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